(DOWNLOAD) "Actions for Trespass & Hunter V. Southam (Canada)" by University of New Brunswick Law Journal ~ eBook PDF Kindle ePub Free
eBook details
- Title: Actions for Trespass & Hunter V. Southam (Canada)
- Author : University of New Brunswick Law Journal
- Release Date : January 01, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 273 KB
Description
INTRODUCTION In Hunter v. Southam (1984), the Supreme Court held that s. 8 of the Charter (1) ordinarily requires law enforcement officers to obtain a warrant, where "feasible", before conducting a search. (2) The absence of a warrant or common law power, the Court held, gives rise to a presumption that the search is unreasonable and, therefore, contrary to s. 8. (3) The Court, in Hunter, gave no indication that the rule it created was merely one possible means of fulfilling the requirements of s. 8 rather than a mechanism specifically required by the Charter. That may go some way towards explaining why Parliament has, since then, given little or no thought to replacing the search warrant regime with other means of deterring unreasonable searches and seizures. In particular, the viability of constitutional torts as an alternative means of protecting s. 8 rights has not been adequately explored. Those interested in deterring abuses of state power by holding public authorities liable in tort, therefore, ought to be concerned by the way Hunter was decided.